Saint Augustine’s Wins Stay on Former Trustees’ Legal Costs

Saint Augustine’s University is off the hook for covering legal costs for former board members. But the reprieve may be temporary.

The university, which has lost accreditation and is not offering classes this fall, is currently working through bankruptcy proceedings. As part of that process, a bankruptcy judge temporarily halted litigation against two former trustees while the court determines whether SAU is obligated to cover their legal costs, as outlined in university bylaws, and answers outstanding questions about who is responsible for covering their defense.

Former SAU President Christine McPhail filed a lawsuit against the university and two trustees, James Perry and Brian Boulware—both of whom have since left the board—alleging that she was subjected to gender-based discrimination and a hostile work environment before she was fired in 2023. McPhail died in early 2026, but her estate is moving forward with the case.

The lawsuit against SAU was stayed when the university filed for bankruptcy, but that did not apply to the former trustees. At a Wednesday hearing, SAU attorney Ciara Rogers asked the court to extend the stay to Perry and Boulware because university bylaws may require the university to bankroll their defense. She added that she believed there was not an insurance policy in place that would cover the legal expenses of trustees, meaning the cost of funding their defense could fall to the university.

In granting the stay, Bankruptcy Judge David Warren said the costs were “too much of a risk” for the university and that he was “surprised by the lack of professionalism” exhibited by former trustees. He added that he was “astonished that people in a fiduciary capacity” did not have proper insurance. “No wonder they’re in this court,” he said.

But he noted the stay was temporary while the court gathers further information about whether the university is on the hook for legal costs and whether it has any applicable insurance policy.

Rogers emphasized at the hearing that the current board is now made up of new members.